Mass. Supreme Court: Statute of Repose Eliminates All Tort Claims, Even Those With Extended Latency Period

March 4, 2019

BOSTON –– The Massachusetts Supreme Court has determined that the state’s statute of repose eliminates all tort claims arising out of deficiency in an improvement to real property after six years, even if that cause of action arises from an illness with an extended latency period, like asbestos exposure.

In the March 1 opinion, the high court additionally said that the statute bars claims “even if a defendant had knowing control of the instrumentality of injury at the time of exposure.”

“In so doing, we recognize that, considering the latency period for asbestos-related illnesses, this will have the regrettable ...